Legislative Updates

Last Week was the Deadline for Bills to Pass their Committee

As of last week, bills must have passed their committee of origin in order to proceed. However, keep in mind, there are many ways around this deadline in order to enable late legislation; including the waiving of legislative rules or the use of “strikers”. As a reminder, the order of process is that Bills must be heard by their assigned committee and then voted on and passed in that applicable chamber (i.e. House or Senate). Then the Bills go to the other chamber to follow the same process. If voted and approved in both chambers it then goes to the Governor for approval or veto. If the second chamber makes modifications it then has to go back through the process for approval in the originating chamber before going to the Governor.

SB 1151 - fowl regulation; prohibitionProhibits municipalities from prohibiting single family homes from keeping fowl in the backyard; allows municipality to restrict the number of fowl and fowl cannot make noise.Status: 2/13 passed Senate 29 ayes -1 nay; transmitted to the House on 2/13

SB 1334 – homeowners’ associations; hearings; attorney feesProhibits awarding attorney’s fees in hearings related to HOA disputes. The specific language in the bill states that “Notwithstanding any provision in the condominium documents as defined in Section 33-1202 or the planned community documents as defined in Section 33-1802, the Administrative Hearing Officer and the Department may not make an award of attorney fees to the Association in any matter filed pursuant to Subsection B of this Section.” The bill would also amend §12-341.01. Currently §12-341.01 states that “In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.” This bill would change this such that the Association, even if the successful party, would have to pay and would not be awarded attorney fees.Status: 2/20 failed first Senate vote 15 ayes-14 nays -1 not voting. Senator Driggs motioned that the bill be “reconsidered”, the motion passed and on 2/27 the bill was voted on again and this time passed the Senate by a vote of 18 ayes to 12 nays. The bill has been transmitted to the House as of 2/28

SB 1482 – homeowners’ associations amendments; omnibusThis bill should look familiar as it is the same as last year’s SB 1454 that was signed by Governor Brewer, but of which the HOA portions did not actually become law as they were proven to be unconstitutional in the manner in which they were added to an existing non-germane bill.Status: 2/27 passed Senate 30 ayes – 0 nays; transmitted to the House on 2/28

HB2570 – condominiums; substantial change; maintenance; assessmentsThis applies to condominiums only. Any substantial change in common elements regarding outside appearance or security requires a vote of the membership. No more than a 20% increase in year over year assessments without a vote of the membership. If the association fails to maintain common elements that affect health, safety or structural integrity and written notice is provide and not corrected within 60 days, unit owner may withhold assessmentsStatus: Dead

SB 1197 - process servers; privilegesA certified process server is allowed to lawfully remain on real property or unannounced in a planned community or condo association that is guarded or gatedStatus: Dead